Transcript Vulnerable Children in Switzerland: Safeguarding the

Child trafficking for exploitation in begging
and criminal activities:
Challenges and contentious issues
CBSS – Child Centre
Roundtable Meeting
Vilnius, 29 November 2012
Daja Wenke
Independent Researcher and Consultant
Child Rights / Child Protection
The actors
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Children
Social services / child protection services
Police
Prosecution
Immigration authorities, judiciary, consular offices, et al.
 Individual perspective and strengths of each actor
 Maximum realisation of potential through mutual trust,
cooperation and common commitment
 Cooperation guided by a child rights-based approach:
The child at the centre
The definition
• Elements of international definition are reflected in
national law
• Element of ‘force’ is still considered a central aspect
• Limited scope of the forms of exploitation in some
countries: ‘forced labour’
 Inconsistencies within the national laws
 Difficult to apply the ‘irrelevance of consent’ in practice
 Challenge of identifying child trafficking cases in
absence of physical force or violence
 Different interpretations by service providers and law
enforcement
The concept of exploitation
• Inconsistent laws to prohibit all forms of exploitation of
children (CRC Art. 32-36)
• Some forms of exploitation can be prosecuted only when they
constitute trafficking (esp. exploitation in begging and criminal
activities)
 No guidance on how to identify exploitation
 Difficult to understand exploitation when there is no physical
violence involved
 Response to child trafficking cases is prioritised over general
response to exploitation
 Children who are exposed to exploitation that is not identified
as trafficking may remain unprotected
The perception of a ‘victim’
• Stereotype perceptions of a ‘victim’ strongly guide the
identification and related proceedings:
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Experience of extreme violence
Behaviour
National and ethnic origin
Gender
Age
 Important to overcome stereotypes
 Understanding ‘victim of crime’ as a legal concept
 Standards and guidelines by the UN, Council of Europe, EU
 Put in place broader responses for all child victims of crime
 Recognise the agency and evolving capacities of the child
Support and assistance
• Strongly built on ‘categorisation’ of children
• Child needs to ‘fit’ into existing systems: child protection, asylum
• Many unresolved questions in offering support and assistance for
children exploited in begging and criminal activities
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Challenge of building trust
Close cooperation between law enforcement and social services
Access to independent information and legal advice
Need to define how to work with closed institutions
Need to offer role models and life perspectives outside of criminality
and street life
 Longer term follow-up, including for young adults
 Strengthen preventive services for children and families on the move
The right to non-discrimination
• The status of the child and the perception of a victim
have a strong impact on rights and entitlements
• There is a risk that responses to child trafficking in law,
policy and practice set up a system of identification,
referral and assistance that is exclusive and potentially
discriminatory
 Measures to address child trafficking need to become
more inclusive
The best interests of the child
• Assessing and determining the best interests of the child
– Different rights of the child may appear to be in conflict
– Different standards in countries of destination and origin
– Involvement of parents or community members
• The interests and needs of the child, law enforcement and
social services may appear to be in conflict
• Safeguard the best interests of the child when there is no
criminal case
 Cross-sectoral cooperation in best interests assessments
 Transnational cooperation in best interests assesssments
 Holistic approach
 Consolidate existing tools for maximum quality standards
The right to be heard
• Listen to children and take them seriously
• Understanding the difficulty to disclose
• Communication in a language that the child understands
– Qualified interpreters that the child feels comfortable with
– Language that is sensitive to the age and maturity of the child
– Take time to explain
• Cultural mediators
• Qualified interviewers
• Children’s House model for forensic interviews: extend
the practice to all child victims
Cross-sectoral cooperation
• Cooperation between law enforcement and social services is
critical for addressing child trafficking:
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Identification
Investigation
Building trust
Safeguarding the child’s right in legal and administrative proceedings
Security
 Institutionalise cross-sectoral cooperation mechanisms at the
local level
 Involve other sectors as well: Immigration authorities, health
professionals, private sector, et al.
 Recognise strengths and limitations of each sector
Transnational child protection
• There are well-established bilateral and multi-lateral
cooperation mechanisms in the area of law enforcement and
the asylum reception system
• Bilateral contacts between child protection authorities are less
organised and often ad hoc, depending on the initiative of
individual officials
 Connect national child protection systems across borders
 Strengthen the competence to handle transnational child
protection issues at local level
 Access to centralised technical expertise
 Consider creating national central authorities or focal points
Towards a child rights-based
approach
• The focus on identification of the status of a victim of trafficking
seems to override a broader child rights-based assessment
• Other infringements against the rights of the child are not
necessarily considered
• This appears to concern primarily non-national children
A child rights-based approach ...
 Is based on the CRC and its general principles
 Recognises that child trafficking is inter-linked with other child
rights and protection concerns
 Prioritises the individual case and needs assessment over
‘categorisation’ and regardless of the child’s status
Implementation into practice
• The national laws, structures and systems are not
perfect but offer a wide range of action
 Ensure that national laws are effectively applied and
implemented into child rights practice
 Need for more preventive action: national / regional
 Challenge existing systems: Innovation through
structural change combined with mindset change
 Child rights-based and investment approach for social
cohesion, development and nation building
Thank you!
Daja Wenke
Independent Consultant and Researcher, Child Rights / Child Protection
[email protected]